The Scale and Diversity of References to Emotion in Polish Case Law on Personal Injury

Bibliographic Data

ID21984061
AuthorsJulia Wesołowska (0000-0002-0965-1024, Jagiellonian University, corresponding author)
Year2024
Pages59-80
Publication date2024-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueArchiwum Filozofii Prawa i Filozofii Społecznej (JOURNAL)
Journal identifiersISSN: 2082-3304 • E-ISSN: 2082-3304
PublisherStowarzyszenie Filozofii Prawa i Filozofii Spolecznej - Sekcja Polska IVR (PUBLISHER)
DOI10.36280/afpifs.2024.2.59
OpenAlexW4401956375
LanguageEN
References cited18

This article is intended as a systematic, quantitative study of the occurrence of emotion-related terms in the discourse of Polish case law on personal injury. My purpose is to show the scale (prevalence) and range (variety) of references to terms related to feelings and affect in the decisions of Polish courts, and to compare this data with rudimentary psychological nomenclature. I am interested not only in how often Polish courts refer to affective phenomena in general, but also how they distinguish various kinds of emotions and, to some extent, what role they assign to them in their reasoning about personal injury. This data is placed in the context of basic psychological models. This is supplemented by preliminary remarks on what roles most notable emotions fulfill, aiming at creating a rudimentary taxonomy of emotions in Polish case law on personal injury. In this way the study aims to answer the questions whether Polish courts notice emotions while adjudicating on non-pecuniary harm, what range of emotions they refer to, and how this data shows the perceived function of affect-related terms in case law. In short, the aim of this article may be described as drawing up a tentative “map” of the affective legal terrain, as well as a taxonomy of functions that emotions may play in personal injury law

Cartography · Geography · Personal injury · Political science · Sociology · Dispute Resolution and Class Actions · European and International Contract Law · European and International Law Studies · Law · Psychology · Social Psychology

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